Telangana High Court
T.Illaiah vs Smt.Sharada And Anr on 7 March, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
M.A.C.M.A.No.2638 of 2008
J U D G M E N T:
Aggrieved by the award dated 30.06.2006 in O.P. No.1978 of 2004 passed by the learned Motor Accidents Claims Tribunal- Cum-II Additional Chief Judge, City Civil Court at Hyderabad, the petitioner has filed this appeal for enhancement of the compensation amount.
2. The claimant has stated that on 29.05.2004 while he was proceeding in an Auto bearing No.AP 10 U 3039 and the said auto reached at Addagutta, Secunderabad, the driver of the auto drove it in a rash and negligent manner at high speed, due to which the auto turned turtle and the claimant sustained fracture of fore arm, fracture of nasal bone and injury on forehead. Therefore, he claimed compensation of Rs.1,00,000/-.
3. Before the Tribunal, on behalf of the claimant, P.Ws.1 and 2 were examined and got marked Exs.A1 to A3. On behalf of the respondents, no oral evidence was adduced but Ex.B1-policy was marked with consent.
4. After considering the oral and documentary evidence on record, the Tribunal came to the conclusion that the accident 2 occurred due to the rash and negligent driving of driver of the Auto and accordingly, awarded total compensation of Rs.45,000/- with interest @ 7.5% per annum. Being not satisfied with the said amount, the claimant filed the present appeal seeking enhancement of compensation.
5. The finding of the Tribunal with regard to the manner in which the accident took place has become final as the same is not challenged either by the owner or insurer of the vehicle.
6. Insofar as the quantum of compensation is concerned, from a perusal of impugned award, though the Tribunal has given a categorical finding that the claimant has received two grievous injuries and one simple injury and he was treated as in-patient from 29.05.2004 to 05.06.2004 and 13.09.2004 to 08.10.2004 for a total period of 34 days. However, Tribunal awarded a sum of Rs.18,000/- towards loss of earnings, Rs.24,000/- towards pain and suffering and Rs.3,000/- towards medicines, which appears to be too meagre.
7. The learned Standing Counsel for the Insurance Company vehemently objected that the claimant has not proved the medical bills and discharge summary with regard to the nature of treatment which he has undergone in the hospital, as such the 3 compensation is adequate. However, looking into the nature of injuries sustained by the claimant, nature and period of treatment undergone by him and the amount spent by him towards medical expenses, transportation, attendant charges and extra nourishment, this Court feels that in all the claimant is entitled to Rs.70,000/- instead of Rs.35,000/- for loss of earnings, pain and suffering, medication, transportation, attendant charges etc.
8. In the result, the M.A.C.M.A. is partly allowed by enhancing the compensation amount awarded by the Tribunal from Rs.35,000/- to Rs.70,000/-. The claimant is entitled to interest @ 7.5% p.a. on the enhanced amount from the date of petition till the date of realization. The respondents are directed to deposit the said amount with costs and interest, after deducting the amount, if any already deposited, within a period of two months from the date of receipt of the copy of this judgment. On such deposit, the petitioner is permitted to withdraw the said amount. There shall be no order as to costs.
9. Miscellaneous petitions, if any pending shall stand closed. No costs.
__________________ K.SURENDER, J Date: 07.03.2024 dsv